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L.A. Jury Awards Teacher $18 Million For False Arrest
AP ^

Posted on 02/17/2006 8:42:17 AM PST by thebaron512

A federal jury awarded $18 million to a teacher who claimed a sheriff's detective falsely accused him of kidnapping and assaulting a girl and hid evidence that would have exonerated him.

Wednesday's award was the largest ever against the Los Angeles County Sheriff's Department. The jury could decide that plaintiff Raul Ramirez deserves more money when the trial enters its punitive phase Thursday.

Because the county is not insured, the award, if upheld, would be paid by the department at a time when Sheriff Lee Baca is complaining that underfunding is forcing him to release jail inmates early and preventing him from placing enough deputies in jails to improve security.

Ramirez, 29, a teacher at Charles R. Drew Middle School in Compton, was arrested after a student there identified him as the man who kidnapped her at gunpoint in May 2002 as she waited for a bus, drove her to another location and demanded that she perform a sex act. The 16-year-old girl managed to escape.

A jury found Ramirez not guilty after he produced ATM receipts and cell phone records showing he was miles from the scene when the crime occurred. A judge later made the rare finding that he was "factually innocent."

Ramirez, of Bellflower, then sued the Sheriff's Department, alleging that Detective Frank Bravo built a false case against him.

According to Ramirez's federal complaint, Bravo knew Ramirez did not match the victim's description of her assailant but withheld that information until just before trial. Ramirez's attorney also alleged Bravo did not disclose the existence of the girl's backpack, which did not bear Ramirez's fingerprints.

Bravo "arrested Mr. Ramirez and basically shattered his life based on the unreliable eyewitness identification of a teenage girl who was mistaken," said Ramirez's attorney, Michael Artan. "Then he hid evidence that would have exonerated Mr. Ramirez."

Bravo, a 20-year veteran assigned to the Century Station in Lynwood, could not be reached for comment by the Los Angeles Times.

Assistant County Counsel Roger Granbo said the county was disappointed by the verdict. Sheriff's officials believed they were not liable because prosecutors thought the case against Ramirez had merit, he said.

"The district attorney knew the problems with the case and the positive aspects and made an independent decision to prosecute," Granbo said.

The largest previous award against the sheriff's department was $15.9 million, which a jury ordered paid to 36 people who had been arrested at a Cerritos bridal shower six years earlier.


TOPICS: Crime/Corruption
KEYWORDS: banglist; compton; donutwatch; la; losangeles; sheriff
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To: RicocheT
Since he has already got $18 million and may get even more, those shoes are going to be made by Prado or Gucci. That's just too much $$$. This jury award needs to be overturned.

I think a man's reputation is worth more than 18 million.

But yes, the award should be amended. It should come out of the personal assets of those involved. Spares the taxpayer, punishes the wrongdoer, and emphatically makes the point that our justice system isn't above law, even though it behaves as though it is.
61 posted on 02/17/2006 10:34:26 AM PST by JamesP81
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To: taxcontrol
I have a hard time with this one. According to the article, the victim of the crime identified the suspect as the person who assaulted her

Such identifications, even made in good faith, are routinely wrong.

The problem is the blind faith people have in such IDs of perps by victims.

62 posted on 02/17/2006 10:42:10 AM PST by Strategerist
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To: ExcursionGuy84
They accused an innocent man who is a school teacher of kidnapping and rape.

He wasn't cleared quickly of the false accusation because the detective hid evidence.

He likely lost his job, was likely held in prison until the trial, and will still have people questioning if he really did it just because of the seriousness of the charge for the rest of his life.

He was cleared of the criminal charges, but do you really think he's going to have an easy time finding another job as a school teacher?

Yes, $18 million sounds awfully high. I suspect it's so high because the LA Sheriff's department has a long history of misbehaving and poor police work.

63 posted on 02/17/2006 11:01:08 AM PST by untrained skeptic
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To: Bommer

There are cameras at ATM machines.


64 posted on 02/17/2006 11:03:07 AM PST by 1L
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To: willyboyishere
I can never understand the outrage at the huge money settlements for damages issuing from people like you.

I apologize; I made my statement without fully understanding all the negative impact that the teacher suffered as a result of his name being tarnished, his job & career lost and so many other things taken away.

If it takes 5 or more years to fecover his good-standing & public-trust within his community, then $18 million should suffice, I'm sure.

And, No but I have never heard of Randall Adams.

65 posted on 02/17/2006 11:13:26 AM PST by ExcursionGuy84 ("Jesus, Your Love takes my breath away.")
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To: Bommer

"Factually innocent" mean that the facts proved he was not the person who did it.

Unlike OJ, for example, that was found not guilty because the DA did not prove their case.

In this case, the judge declared that he really didn't do it.


66 posted on 02/17/2006 11:25:29 AM PST by magnieye (American and Cuban....and proud of both....)
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To: Libertarian444
"Why isn't the county insured??"

My guess: Too high of risk. (a.k.a. = well known corupt police force)
67 posted on 02/17/2006 11:27:41 AM PST by Freedom Blitz
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To: taxcontrol
(loss of salary, salary for like years in the future, lawyer fees, loss of residence, etc.)

As Rush says: "run the numbers"

if we do, we get:

Loss of salary: 3 yrs x 50,000 $/yr = 150,000
Loss of future salary: 25 yrs. x 60,000 = $1,500,000
Loss of Pension: $1,000,000
Loss of Medical benefits: $500,000 (probably low)
Loss of House: $500,000
Out of pocket costs: $150,000
Total of above: $3,800,000
Law designates triple damages: 3 x 3.8 m = 11,400,000

Plus attorney fees and taxes.

$18,000,000 is not too far off, IMHO.

68 posted on 02/17/2006 11:31:50 AM PST by Michael.SF. (Things turn out best, for who make the best of the way things turn out.--- Jack Buck (RIP))
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To: JamesP81
The sheriff's dept got what it deserved.

Wrong. The TAXPAYERS got it in the shorts because of what the Sheriff's department did. The JBT who did this won't get any heat from it.

69 posted on 02/17/2006 11:35:08 AM PST by from occupied ga (Peace through superior firepower)
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To: thebaron512

Baca is a total joke, as are all of the Sherriffs in LA County.... A bunch of high strung wanna bees...


70 posted on 02/17/2006 11:37:16 AM PST by ARA
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To: taxcontrol
I am sure the award will be whittled down in appeal.

However, this department has a pervasive history of mal-and misfeasance, from the top down. Because of LA COunty's amorphous non-structure, the Sheriff has extraordinary practical power, combined with very useful political clout.

There are many brave and honest deputies, but they don't last long unless they go along to get along. And of course, along the way, they bust some really bad dudes and put them away. The real abuses are at and close to the top, with very little trickling down to the LEO doing his job.

71 posted on 02/17/2006 11:38:02 AM PST by Kenny Bunk (Accurate observation is necessary, but does not necessarily include agreement.)
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To: Michael.SF.
Michael, I must warn you, this sort of thread is place for logic or arithmetic. Do not let this happen again.

PS Can't wait to see the award after the appeal.

72 posted on 02/17/2006 11:44:48 AM PST by Kenny Bunk (Accurate observation is necessary, but does not necessarily include agreement.)
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To: Libertarian444

Because the county is not insured, the award, if upheld, would be paid by the department....
Why isn't the county insured??

The County is "self-insured" and pays such judgments out of its treasury which is replenished from state and local taxes. If you live in California, guess what? You are the insurer.


73 posted on 02/17/2006 11:57:19 AM PST by Draco
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To: Michael.SF.

The problem with your numbers.

1) the man is not in a condition that makes him unemployable. 25 years of future salary is an unreasonable expectation. More like 4 years based upon the time that it would take him to retrain in a new field -- degree. 4 X $60,000 = $240,000

2) loss of pention would be loss of contributions to 401K plan. Say $6,000 per year for 8 years (4 for the trial plus 4 for the future loss of employment). That assumes a $1,500 contribution plus $4,500 (~9% contribution of $50,000) total = $48,000

Loss of medical benefits - Full burden of Medical insurance is about $800 per month so lets go with $10,000 per year = $80,000

I'm cool with the $500,000 for the house

Out of pocket costs I assume would cover Atty fees so ok, $150,000

Total of above would be - $ 1,168,000... heck round that to 1,250,000. At 3 times damages (if the police department did not follow the rules of evidence) $ 3,750,000

A wide margin off from the $18 Million


74 posted on 02/17/2006 12:06:49 PM PST by taxcontrol
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To: taxcontrol
you are unrealistic. Consider:

1) he was a Teacher, thus the pension and medical were part of his compensation, not 401K.

2) He likely is unemplyable in his chosen field beacuse of this.

3) Attorney fees routinely take 50% of the award.

4) Out of pocket, was to cover his costs of relocation, apartment rent, etc. while he was out of work.

Would you go through what this guy did for the amount you are suggesting? No way.

The county got off cheap.

75 posted on 02/17/2006 12:20:45 PM PST by Michael.SF. (Things turn out best, for who make the best of the way things turn out.--- Jack Buck (RIP))
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To: thebaron512
...and Detective Bravo will be charged with obstruction of justice, when?

*** crickets chirping ***

76 posted on 02/17/2006 12:23:43 PM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: Michael.SF.
Consider

1) Medical and pension are normal compensation. Just like $500,000 for his home represents the median price of a house in the LA area and does not factor in the specifics of sale price, last tax assessment, etc. The amounts I gave for medical and pension are reasonable as they represent an ABOVE AVERAGE compensation package.

2) His prior profession is unimportant, in 4 years he can obtain a new degree.

3) The court has the authority, and should, set the compensation for the Attorney who brought suit. His trial expenses were likely covered by a public defender... if not, those fees could be recovered as well but on a real dollar basis.

4) His out of pocket expenses are to compensate for expenses occurred while he was for the 3 or 4 prior years having to pay to support himself and does not count any part time or secondary employment that he had during that time.

Fundamentally you are starting from a wrong perception. He did not 'go through' something that was inherently wrong. He was accused and went to trial and was found not guilty. If, and that is a big IF, the cause of that disruption to his life was the FAULT of the county, then he is entitled to compensation but only to the amount that the county had direct impact. This should not be lottery welfare, ESPECIALLY if the county only did it's job in apprehending and trying an accused sex offender. It is far more likely that the FAULT of his ordeal lies with the teen who incorrectly pointed that person out to be the attacker.

If we get to the point where the county / state / federal government is required to compensate everyone for a 'ruined' life just because the justice system worked and put them on trial..... then buddy, get prepared to either fork over thousands more in tax dollars OR be prepared for the county / state to NOT take anyone to court because the risk of loosing will be too high.
77 posted on 02/17/2006 12:38:42 PM PST by taxcontrol
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To: taxcontrol

you either did not read or did not understand the findings of the court.

Read it again and get back to me. Plus you did not answer my question.


78 posted on 02/17/2006 12:57:29 PM PST by Michael.SF. (Things turn out best, for who make the best of the way things turn out.--- Jack Buck (RIP))
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To: Michael.SF.
I did read the article.... but what I read was very biased towards Ramirez. Perhaps I can quote some of this to you and lay out my case that way. Ramirez, 29, a teacher at Charles R. Drew Middle School in Compton, was arrested after a student there identified him as the man who kidnapped her at gunpoint in May 2002

The officer arrested the accused. That is his job, that is the law. The officer appaently took the backpack into evidence (how else would it be known if the backpack had fingerprints or not). When evidence is taken into custody, the officer no longer has control of it. It either goes to processing (think CSI) or it goes into storage for trial.

It is the DA's office that is responsible for determining if their is enough evidence to go to trial. Apparently the DA did think they did have enough evidence because they went to trial and lost, the man was found not guilty.

People who are arrested and get the charges dropped, or are later acquitted, often think that they can sue the arresting officer for false imprisonment (also known as false arrest). These lawsuits rarely succeed: As long as the officer had probable cause to arrest the person, the officer will not be liable for a false arrest, even if it turns out later that the information the officer relied upon was incorrect.

A common example of a false arrest situation is where an officer may arrest a black kid suspected of shoplifting, with no real suspicion that the kid did anything wrong, just because he may have been the only black kid in the store.

What is NOT clear by the article is under what color of law did the jury find that the officer did not have probable cause. What IS stated is

"arrested Mr. Ramirez and basically shattered his life based on the unreliable eyewitness identification of a teenage girl who was mistaken," said Ramirez's attorney, Michael Artan

So his attorney STATES that the eyewitness identified Mr. Ramirez. That is probable cause.
79 posted on 02/17/2006 1:21:03 PM PST by taxcontrol
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To: ExcursionGuy84
Very possible & likely....but $18,000,000 for what damages????

Why not. The plaintiff is a minority and the jury probably was too

80 posted on 02/17/2006 1:30:12 PM PST by dennisw ("What one man can do another can do" - The Edge)
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